HomeMy WebLinkAbout05-52 RESOLUTIONRESOLUTION
No. 5-52
WHEREAS, that certain street or alleyway lying between
the east line of Block 21 of Ferguson's Addition to the City
of Fayetteville and the west line of the right-of-way of the
St. Louis -San Francisco Railway Company in said City has not
been used by the public as a street or alleyway for a period
of more than five years prior to this date and is not needed
for public or municipal use as a street or alleyway,
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City
Clerk be and they are hereby authorized to execute a lease
of whatever interest the City of Fayetteville may have in
the above described real estate to the Esso Standard Oil Com-
pany, a New Jersey corporation, without warranty of title,
and for a term of ninety-nine (99) years and a consideration
of One Dollar ($1.00) per year payable in advance.
. Tm I
Mayor
Passed at City Council Meeting
April 21, 1952
ATTEST:
City Clerk
LEASE AGREEMENT
THIS AGREEMENT, Made this 2- 2- day of � , 1952,
by and between the City of Fayetteville, Arkansas, by its !.iayor anti Clem,
eoh-,ow 5 --
hereunto duly authorized by p iin aee-N — — of the said City, herein-
after called "lessor", and Esso Standard Oil Company, a He Jersey corporation,
duly authorized so do uusiness in the SLutc of br ansas, hereinafter called
"lessee",
ulTII',SSETR:
Lessor moss hereby lease :Ind demise unto lessee errs lessee inrees
to take frors lessor all that, certain parcel of lame situated in the City
of Fayetteville, County of' e hirr Lon, State of ftrlfun;:us, more fully described
us follows:
All of that port of that certain street or tllefac' lying
between the East line of Block 21 of l'erb;uson's Addition
to the City of Fayetteville and the best linc of tic right -
of -slay of the St. Louis -Sun irnrlcisco Hailruy Coeyany;
to hold the premises hereby demised unto Lire lessoe for a ;,ejiod of __________
years ueginning at aweive o'clock noon on the 2.- day of %fir u( , 1)52,
and ending at t;velve o'clock noon on the L )- caf of
on the following terms and conaitions:
(1) Lessee shall ,,-,sy ih: inlioiur rent:
— l}'' Vl.-yv,
Ann C
(2) It, is -ramerritOr f'. talc L- CO : c e2s ur c_ii ref Lhc
title to sate lessen p o Icrty Out us If lucid ,_;, in is r ,1 tevcl l rt adist it
(:1'.,y of fife tie-ej.L t L, .: or cl .i r; _. oin.
(3) at - Lc: l'� �(.'1r-' 11 .iJrl or L:'.1_ 1 item at 13 iee::;e
to quit and sornaneer pacee' bly _n! a _,i; :o 1 .J, ec uaeecGes.
page 2 — Lease Agreement.
Ill WI'TIILSS 'iIlEREOF, The City of Fayetteville has caused
this agreement to be executed in duC'icate by its mayor and City Clerk,
hereunto duly authorised, on this 2 2— day of , 1952.
GITT_ 1 1 TEVILt,L, Id EA:tS
ATTEST: its Iaayor
i1 (SPiL)
('City Clerk
STATE OF ARKANSAS ) j
)SS
COUNTY OF NASHINUTON ) ACi NoCLEDG1:ICNr
On this _ day of , 1952, before me,
a IJotary Public, duly commissioned, cualiiiuc and ac-,ing, aithin anc nor the
�
said County and State, appearea in a r:ou UPt ;ithin
and //1�" 2�-. , :o i,e .peraonall y .;ill i:no,.n, e;Y.o ; tested-
thJ they ycre the :Iayor a.na City Clerk of cci City on lay .ettev 11:--:, Atthuas,
inc turn duly authorised in ih',ir it it c+_ :.c ,ie: La e: to
foraVoing Le:.se A reenent for ,ma in ant anise au: mnn 1n on ;ale Cit;i, :.nd
further st..tnd '_nu anknoulonuu dial ti.; nun ;, ::i can, can,. licr
en.td instrument for the conanti,1L.Li n, uti Lu.: p:n inn: tlnli in ::ut.icifed
c,nd cot forth.
IN ' ESII Jc!'1 lilt aOY, I nave hr:;anco cat, a;....m.; if:C i 1 :teal
thin � an; of , 1)52.
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0,' !tat cortojo strcot Or ,.11(J';' 1r. jt`.�)en
ttu ;..ci, L;.nc of _lock 21 01 er u;>n's .iditi.crl to i, itT
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JJ. Jo (.1.0 )i ;poi vc<_i .a't.Lr, In o-.;
-_... _------
LEASE AGREEMENT
WHEREAS, it is the desire of the City of Fayetteville,
Arkansas, a municipal corporation, to develop a pasture program
on its real estate adjoining Lake Fayetteville, which will prevent
erosion, build up said real estatee to a more productive state, and
WHEREAS, it is the desire of Gene Price to develop
said pasture program for the City of Fayetteville. Arkansas, and to
have the right to pasture livestock on all lands owned by the City of
Fayetteville, with the exception of land adjoining the boat dock and
east of the dam, and the right to cut hay and to plant grasses on all
parts of said real estate.
NOW, THEREFORE, THIS LEASE AGREEMENT IS MADE
AND ENTERED INTO on this 7ay of November, 1964, by and
between the City of Fay cttevillc, Arkansas, a municipal corporation,
hereinafter known as the Lessor and Gene Price, hereinafter known
as the Lessee, WITNESSETH:
That the Lessor, for the consideration, purposes and
covenants hereinafter set out does hereby let, lease and demise unto
the Lessee, for a term of five (5) years, from the date of execution of
this agreement, all real estate adjoining Lake Fayetteville as shown upon
the attached plat marked Exhibit "A" and made a part of this agreement
the same as if set out herein word for word to have and to hold the same
unto the said Lessee for and during the time aforesaid, upon the terms
and conditions hereinafter expressed.
1. The Lessee shall, at his own cost and expense, furnish
all labor, equipment, seed and fertilizer, in the amount of Three
Hundred Dollars ($300.00) and furnish the labor necessary to carry out
the terms and provisions of this Lease Agreement.
LEASE AGREEMENT
WHEREAS, it is the desire of the City of Fayetteville,
Arkansas, a municipal corporation, to develop a pasture program
on its real estate adjoining Lake Fayetteville, which will prevent
erosion, build up said real estate to a more productive state, and
WHEREAS, it is the desire of Gene Price to develop
said pasture program for the City of Fayetteville, Arkansas, and to
have the right to pasture livestock on all lands owned by the City of
Fayetteville, with the exception of land adjoining the boat dock and
east of the dam, and the right to cut hay and to plant grasses on all
parts of said real estate.
NOW, THEREFORE, THIS LEASE AGREEMENT IS MADE
AND ENTERED INTO on this ay of November, 1964, by and
between the City of Fayetteville, Arkansas, a municipal corporation,
hereinafter known as the Lessor and Gene Price, hereinafter known
as the Lessee, WITNESSETH:
That the Lessor, for the consideration, purposes and
covenants hereinafter set out does hereby let, lease and demise unto
the Lessee, for a term of five (5) years, from the date of execution of
this agreement, all real estate adjoining Lake Fayetteville as shown upon
the attached plat marked Exhibit "A" and made a part of this agreement
the same as if set out herein word for word to have and to hold the same
unto the said Lessee for and during the time aforesaid, upon the terms
and conditions hereinafter expressed.
1. The Lessee shall, at his own cost and expense, furnish
all labor, equipment, seed and fertilizer, in the amount of Three
Hundred Dollars ($300. 00) and furnish the labor necessary to carry out
the terms and provisions of this Lease Agreement.
2. The Lessee shall seed the land in fescue, orchard grass
and ladino clover.
2
3. The Lessee shall, at his own cost and expense, keep
and maintain all fences, gates and other structures now upon said
leased real estate in good condition and repair except for ordinary
wear and tear, and the Lessor shall not be held responsible for the
maintenance or the repair of any of the property or of any of the
improvements placed upon said property.
4. The Lessee shall make no alterations or additions to
improvements upon said property without the consent of the Lessor
first obtained in writing, except as herein provided.
5. The Lessee shall not cut, nor allow to be cut or
carried off from said leased real estate, any trees or wood, nor burn
any stubble, grass, weeds, growing upon said leased real estate not
hereinbefore permitted to be cut by Lessee.
6. It is further agreed and understood that the Lessor or
his agent shall at all times during the term hereof have the right to
enter upon said real estate for the purpose of inspecting the same.
7. The Lessor shall have the right and privilege of granting
casements for public utilities on, over, under and across all or any
part of said leased real estate and any compensation paid for damages
to pasture or growing crops shall belong to the Lessor.
8. It is specifically understood and agreed that the Lessor
shall be entitled to enter upon said leased real estate for the purpose of
constructing in, on, over, under, through and across all or any part of
said leased real estate rights of way, roads, ditches and other works for
the purpose of travel, drainage or for any other purposes or obligations
as Lessor in its own judgment may require without the necessity of having
to pay any compensation to Lessee as damage by reason of the taking.
-3-
9. The Lessor shall have the right to terminate this lease
and the estate hereby created at any time or times as to the whole or
any portion of said leased real estate by notice in writing to Lessee or
by notice sent by registered mail to Lessee at his last known address, at least
six (6) months prior to the date fixed within said notice for termination,
it being understood that Lessor shall compensate Lessee for any or all
work done or performed and all seed, fertilizer or other materials
furnished by Lessee upon said leased real estate prior to the date of the
giving of said six (6) months notice to Lessee for termination of this
Lease Agreement.
10. The Lessee shall not assign this Lease Agreement or
sublet or lease any parts of this real estate without first obtaining the
written consent of the Lessor.
11. It is hereby agreed that the Lessee shall have an option
for an additional five year lease under the same conditions hereinabove
set forth.
IN WITNESS WHEREOF, the parties hereto have hereunto
set their hands on the date hereinabove first written.
LESSOR
(11'Y OF FAYETTEVILLE, ARKANSAS
2� ,J
BY .1._11O
Guy . Brown, Mayor
LESSEE
BY
Gene Price
LEASS Aonw e e r
WHEREAS, it is the desire of the City of Fayetteville, Arkansas, a Munici-
pal Corporation, to develop a pasture program on its real estate adjoining Lake
Fayetteville, which will prevent erosion and bui]d up said real estate to a more
productive state, and
211E.RFAS, it is the desire of Thurman Parsons, to develop said pasture pro-
gram
for the City of Fayetteville, Arkansas, and to have the right to pasture k�k
livestock on certain parts of said real estate and the right to cut hay and to
plant -.rowing crops on certain parts of said real estate,
5(75, iTHLiP.F0RE, THIS AGitEE!1PlfT is made and entered into on this ,day of
19511, by and between the City of Fayetteville, Arkansas, a
Municipal n, oration, hereinafter known as Lessor, and Thunman Parsons, herein-
after known as Lessee,
r:fr:hF5�ctH:
That for ant in consideration of the mutual promise:, covenants and cordi-
tions hereinafter contained, the said Lessor hereby leases to said Lessee and Lee- fi
see hereby rents from said Lessor certain real estate adjoining Lake Fayetteville
as crime is shorn on the attached plat marked "Echibit All and made a part of this
Lease Agreo:atnt as though set forth heroin word for word and figure for figure,
which real estate for the purposes of this Lease Agreement shall be more .a rticu-
larly described ant designated as follows, to -wits t,
PAS'iURii I:SYROVEMENT ANJ CEOPS GILT (Total 131 Acres, more or loss)
Part of the Southeast luarter of the Southeast quarter of='ection
Thirteen (13), Township Seventeen (17) !forth of Sango Thirty (30)
+est of the 5th P. 5., lying north of the 300 foot strip from
spillway level shore line of lake, containing five (5) acres, more
or less.
Part of the Northeast 'carter of the Southeast quarter of Section
thirteen (13), Township Seventeen (17) North, Singe Thirty (30)
Vest, lying north of 300 foot strip from spillway level shore line
of lake, containen,; thirty-eight (39) acres, more or less.
All 0!' the Southeast quarter of the Uortheast ganrter of _ection
Thirteens (13), Township 'seventeen (17) North, ivange Thirty (30)
Nest, containing forty (!,0) acres.
All of the :'ouch half of the Northwest quarter of Sect'a Eighteen
(19), 'ro n hi: Seventeen (17) North, tinge Twenty nine (29) `feat,
containing eighty (90) acres.
Pare of the ;forthrrest quarter of the Southwest awarder of •eCtion
0ighteen (10), 'I'crnshio eventean (17) North, :t Inge Twenty nine (29)
Vest, lying north of 300 foot strip from spillway level shore line
of Luce, containing; eighteen (19) acres, more or loss.
HAY CROP ONLY (No Pasturing permitted; total 74 acres, more or less)
Part of the West half of the Southwest quarter of Section Eighteen
(18), Township Seventeen (17), North, Range 'llventy nine (29) Lest,
and part of the Southeast quarter of the Southeast quarter of Sec—
tion Thirteen (13) , Township Seventeen (17), North, Range Thirty (30)
fleet, lying east and south of the shore line of the lake at spillway
elevation, containing thirty nine (39) acres, more or loss.
Part of the Northwest quarter of the Northwest quarter of Section
Nineteen (19), Township Seventeen (17) North, Range twenty nine (29)
Rest, lying east and south of the shore line of the lake at spillway
elevation, except a rectangular tract Two hundred (200) feet :ride in
a north —south direction and six hundred (600) feet long in an east —
west direction situated in the Southwest corner of said forty (40)
acre tract, containing thirty five (35) acres, more or less.
2. That the term of this Lease Agreement shall be or five (5) years from
the date of signing hereof, unless otherwise terminated as hereinafter provided.
3. That Lessee shall at his own cost and expense furnish all labor and
equipment, seed, fertilizer, and all other materials as may be required to carry
out the terms and provisions of this Lease Agreement. Lessee agrees to undertake
and accomplish the pasture program hereinafter outlined and to provide the proper
seed and fertilizer therefor in accordance with accepted agricultural practices
and procedures for the Northwest Arkansas area and specifically agrees to break,
disc and put into the leased real estate a good fire: seedbed before seeding or
sodding and to follow the recommendations of the soil tooting laboratories of the
University of Arkansas in regard to lining and fertilizing. That Lessee shall
accomplish a work program for each of the fields of ]eased real estate described
in "Exhibit A" attached hereto, as follows, to —twit:
Field No. 1 (6 Acres, more or less)
Lessee shall, during the year 1954, sod three acres in bermuda grass and
overseed with lespedeza, and seed the remainder to orchard grass and ]a dine clover
using twenty five pounds of orchard grass seed and two pounds of ladino clover seed
per acre.
Field No. 2 (10 acres, mops or less)
Lessee shall, during the year 1954, seed ten acres to orchard grass and
ladino clover, using twenty five pounds of orchard grass seed and two pounds of
ladino clover seed per acre.
Field No. 3 (2 Acres, more or Less)
Lessee shall, during the year 1954, seed the two acres to orchard grass and
ladino clover, using twenty five pounds orchard grass and two pounds of ladino clover
coed,
Field No. 4 (2 Acres, more or loss)
Lessee shall during the year 1954 sod the two acres in bermuda grass and
oversoed with luspedeza.
ii
Field No. 5 (33 Acres, more or less)
Lessee shall during the year 1954 seed the thirty-eight acres to lospedeza,
L
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usi*:g twenty five pounds of seed per acre after properly fertilizing. Lessee shall
during the year 1957 seed the thirty eight acres to orchard grass and ladino clover
unless prior to July 1, 1956, it shall be determined by Lessor and Lessee that this
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field should be sodded in bersaxla grass instead.
Field No. 6 (8 Acres, more or less)
Lessee shall during the year 1955 seed the eight acres to fescue and ladino
I+.
clover using twenty-five pounds of fescue and tyro pounds of ladino clover per acre.
4'.
Field tie. 7 40 Acres, more or less)
Lessee shall during the year 1955 seed the forty Acres to orchard grass aid
sEE
I
ladino clover, using twenty-five pounds of orchard grass and two pounds of Ladino
L',
ty
clover seed.
Field Ho. 3 (63 Acres, more or less)
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Lessee shall during the year 1956 seed the southwest twenty acres of this
field to fescue and ladino clover; lessee shall during the year 1956, seed the south-
east seven acres of this field to bermuda and overseed with laspedoza. Lessee shall
during the year 1953 seed the balance of this field, aapruaimately thirty-six acres,
to orchard grass and ladino clover except that in the event thisLease shall automa-
tically be extended for an additio:al three (3) year torn beyond its original five
e as hereinafter provided, then in such event
(5) year tera� prior to July L, 1J57a
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Lessee shallha•re the right to elect chetnor to acod the said thirty-six acres to
orchard grass and Udine clover or to sod in uenuda grass. In the event this Le19c
Y`.
Agreement shall not be extended for an additional terra of three (3) years, then and
in that event, Lessee agrees to pay the sum of Four Hundred Dollars (3400.00) to pro-
vide for fertilizer to be applied duns; the last year of the term of this Lease upon
the permanent grasse9 on such areas as shall be selected uy Lessor and Lessee.
4. That for and during the first and second years of this Lease only, Lessee
shall at his own cost and expense have the right to cut, bail and receive all pro -
seeds from the sale of the hay cut from the leased real estate loon te.t on the south
sine of Lake Fayetteville. That Lessor an'i Lessee shall, prior to the end of the
second year of this Lease, re -negotiate the shire, if any, chich Lessee should re-
i'.
ceive from, the sale of hay for the three remaining unexpired years of this Lease,
and that such re -negotiations shall be culminated in a supplemental agreement to be
made a part of this Lease Agreement prior to the beginning of the third year of
this Agreement. If Lessor and Lessen fail to execute :slid supplemental agreement
thirty (30) days prior to the beginning of the third year of this Lease Agreement,
said negotiations shall be referred to the arbitrators for decision prior to the
beginning of the third year of this Lease Agreement.
,. That In the event of difference arising between Lessor and Lessee as to
the construction of any clause of this Lease Agreement, or as to the rights or ob-
ligations of the Les:nr or the Lessee hereunder, all such questions shall be de-
cided by arbitration; and, peeling arbitration between the parties hereto, there
shall be no cancellation or forfeiture of this Agreement. That the parties hereby
hereby nominate, coratitute and appoint Carl Smith, Fayetteville City Engineer;
Carl Nose, '-iashing;ton County ;. ent; and Orin }lenbeat of the U. S. Soil Conservation
Service for the ;tortlrr;est Arkansas area; or their respective successors in office,
as arbitrators under this Agreement, and further agree that any decision rendered
by said arbitrators shall be final and binding upon the parties hereto.
6. That Lessee shall aced, sod and fertilize the real estate as herein-
after provided only in accordance with soil tests furnished by the University of
Arkansas College of Agriculture.
7. That Lessee shall not be permitted to take water frra the spring located
in the Northwest quarter of the Southwest quarter of Section }3ghteen (18), Teen -
ship seventeen (17) North, longs meaty nine (29 ) west, in the vicinity of the
B. U. Brogion }}omesite, or from Lake Fayetteville itself for the purpose of arater-
ing Lessee+a livestoc::, or far any other purposes.
S. 'ilvlt Lessce shall, at his own expense and cost, keep and maintain all
fences, gates and all other structures non' open raid leusecd rail estate, or which
ea;' be placed therron during sag d terra, in goal order, coalition and reps ir, dam-
age thereto by the elements e>ceptcd.
9. That Lessee shall not asnign this Lease Agreement, nor sub -let or
license all or any part of the Intend real eciate r,tihout the prior written con-
sent of Lessor.
10. That Lessor aryl/or its duly elected o'ficials, lie etaployees or its
ropresontativcs may, at any reasonible time, or times, enter upon raid leased
real estate for the purpose of e:camining, or inspuctin,; rraid real es;.'ate.
11. That Lessor shall have the ri ht sat privilege of .;mntinz easements
for public utility purposes on, over, under rani acres n11 or a::y p!rt of ;-aid
leased real estate are! any compensation paid for •d:i:rage:s pan ure or _crowing
crops shall belong to Lessor. It is speoifiea(ly understood and agreed that Lessor
shall be entitled to enter upon said leased real estate for the purpose of constructing
in, on, over, under, through and across all or any part of said leased real estate,
fi
rights -of -way, roads, ditches and other works for the purpose of travel, drainage, or
for any other purpose or obligation as Lasser in its own judgment inay rogzirn, with-
out the necessity of having to pay any compensation to Lessee as damages by reason
of the taking.
12. That lessors shall have the right to terminate this Lease and the es-
tate hereby created at any tine or times as to the rheas or any portion of said leased
real estate by notice in writing to Lessee, given either perso ally to Lesson or by
notice sent by registered nail to Lessee at his last known address at least six (6)
months prior to the date fixed within sadno'4ee for termination, it being under-
stood that Lessor shall cezmponeato Lessee for any and all work done or performed, and
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all :cod, fertilizer, or other materials furnishers by Lesson, upon said leased real
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estate by Lessee prior to the date of the giving of said six (6) months notice to
Lessee for termination of this Lease Agreement.
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13. That Lessee shall not cut nor allow any other person to cut or carry
off from said leased real estate any true or wood; nor burn any stubble, grass, weeds
orany substance growing upon said leased real estate not heretofore permitted to be
cut by Lessee, without first having obtained the written consent of Lessor; and Lee -
see expressly covenants and agrees to hold Lessor free and harmless from aildaaage
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caused by fire resulting from the use or operation of said leased real estate by Les-
sor, or any of his employees; and Lessee agrees that m y damage done to any ditch,
bridge, fence, gate or culvert upon said leased real e state by Lessee or any of his
agents or employees, shall be repaired by Lessee at his err coat and expense.
114. Lessee further agrees that in theevent he shall not well and truly
keep and perform each and all of the covenants and agreements herein contained upon
his cart to be performed and at the times said covenants and agreements are to be
performed, tune being made the essence hereof, the Lessee shall, upon receipt of
thirty (30) days written notice of said breach, forfeit unto Lessor all rights b
further occupancy of said real estate or any part thereof, sari agrees that it shall
bo lawful for Lc sx r, at its option, without any legal process or warrant, to re-enter
upon said leased real estate and remove all persona therefrom and hold said real estate
without interference on the part of Lessen, and Lessee agrees that in such event, this
Lease shall be terminated and that he shall not be entitled to any rights thereunder
and that Lessee shall not be entitled to receive any adjustment, rebate, damage or
compensation from Lessor for work or labor performed or materials, feed, fertilizer
furnished for said leased real estate. A failure to comply with a decision of the
arbitrators within sixty (60) days from the date of rendition of such decision shall
constitute a breach of the terms and conditions of this Lease Agreement.
15. In the event Lessor waives any rights herein reserved or waives the
performance of any covenant to be kept and performed by Lessee, expressed or implied,
or any breach thereof by Losses, such e:alver shall not be construed to be a mniver
of any subsequent breach of a like or other covenant.
16. Upon the expiration of this Lease, or any earlier termination thereof,
Lessee will yield up possession of said real estate unto Lessor or its agents or
successors in as good order and coedition as reasonable use and wear will permit,
damage by the elements excepted. In them vent Lessee shall hold over the term herein
reserved, with the consent, expressed or implied, of Lessor, such holding over shall
be construed as a tenancy at will, and shall he determinable at the will of Lessor
upon Lessor's Giving notice in writing to Lessee to vacate said real estate.
17. ille unseen accepts this Leese and agrees to fulfill all covenants and
conditions in his part to be kept and performed, anal enters upon said land with full
la'owledge of the conditions of its roads, soil, canals, sloughs, fences, wells, wind—
mills, pumps, pipes, v'eaL a and trou,;l.s, bridgcnand culverts, and other improvements;
and agrees that in no event shall Lessor be held liable for da-iege by flood, enter
or fire or from any cause rt:atsoever. Lessee hereby further covenants and agrees to
indemnify awl save hsralloss Lessor Fran any and all such ua,mge or injury; and Lessee
further agrees th.t. he will not do nor will lie pia nait to be :ono any act or ulia upon
said premises, ieproveaeets or the ditches on, upon or adjacent to as Id nrenises which
will in any way injuriously affect the strength or stability of said improve ente or of
said ditches upon or around saint lands or impair the usefulness thereof.
19. Id .t L,assoe sh111 not p1••_•:ait pastaring on the leased real estate south
of lake thiyctteville an.i Lessee 3h-a1l not use he leased real estate north of Lake
Fayetteville for other tlan crops and cattle pesturin., rposes; that Lessee shall not
uni. ts
permit more than ninety (90) aninzi) at any one liar to r}aae the aforesaid m store
lend,.v:lthout the prior written consent of to arbitrators named in i'aragruuh Five (5)
above.
19. in thewent it shall be datermiaci by Lessor and Lesrr. c prior to July 1, 19x56, that Field i(o. 5 should be Bolded in sor.r, is :nisi la the ',Tar 1957, this
Lease Agreement shall be deemed automatically extended for an additional term of
three (3) years, and Lessee shall in the year 1957 sod the thirty eight (33) acres
in ?icld ::o. 5 in botmaud.i grassothervriae, said Laaaa Agreement shall terminate at
the and of the original five (5) year term.
20. That this Lease Agreement shall be binding upon the respective parties
hereto, nvl their reapeetivo hairs, executors, administrators, successors and as-
signs forever.
CITY OF FAY .TTGVILLE, ARi AhSAS
Attest:
Citl Clerk
n,r pure
Nofarl:7
LEASE CONTRACT
This lease contract entered into this L day of/fl�/ , 1952, in
triplicate at Fayetteville, Arkansas, by and between MITCHELL CRIDER and ROY WILLIAMS,
hereinafter referred to as the Lessees, and the CITY OF FAYETTEVILLE, ARKANSAS, by and
through its duly authorized Mayor, POVELL M. RHEA, hereinafter called the Lessor,
WITNESSETH:
That for and of the consideration of Seventy -Five (475.00) Dollars a year,
paid by the Lasses to the Lessor, in advance, on the date of execution of this lease
contract, the receipt of which is hereby acknowledged and the second rental payment
of Seventy -Five (C75.O0) Dollars to be made on or before one year thereafter and
lets to the Lessors the following described real estate situated in Washington County,
Arkansas:
That portion of land lying south on Highway
71 of Fayetteville, Arkansas, and described
as lying east of Highway 71, and shall run
from the Airport to Mitchell Crider's land
going east to the lands owned by Henry 'calker,
then south to Roy Williams' Ind and containing
twenty (20) acres more or less.
The Lessor grants to the Lessees this lease for a period of two (2) years from
this date with the definite understanding, however, that if the City has to have poss-
ession of said real estate it shall give to the Lessees ninety (90) days written not-
ice to vacate that real estate which lies within seventy-five (75) feet either side
of the center line of the north -south runway extended southward; and one (1) year
written notice to vacate all of the remaining portion of the above -described real
estate.
It is further understood and agreed by and between the parties hereto that
ten (10) acres of said land shall be used for florist stock and ten (10) acres for
pasture and hay. It is further understood that the part used for pasture will be
properly fenced by the Lessees.
It is further agreed that the Lessees shall not have the right to sublet or
assign this lease contract without the prior written approval of the Lessor.
IN WITNESS i':- EREOF the parties have hereunto set their hands and seals the
day, month and year first above mentioned.
Attest:
City Clerk
Lessees
C,LiW OFAYETTEVILLE, ARNA sAS
9 J
Lessor
CONTRACT
rl 1 cO.i?`n!'t cs o"ed l loo tii C::'.,•' e1
G� r i° , o i ,zd t .t C ty o1'
., 1.
-ht' •.;t 'it, _i:1. i. .• �.li i•t 1C?. . Clilioe H. c 1,
t. ... ._ , i!; Ci f'i;e 0ei to t1p:_. 'oo of the
1:, aitaoae
.. _•r` .16y C;f tilt' '_ U., 'JA.t' o L'�'rccs 'i)0 Cl'G ..''Gv of
the .c•C' naat to '1ro non 1"udo p r;',' 1o„sed to
.:he ..°.,11 Ci'L;. ro Co ev i'bc:d as
The of t_.ot 'act of lazz_ j•' • r
�.;C u_0:0 __ 1 !1t7^(1.'.ie(21), 2 :Cilt,j-t.r. �:. }, anti
sever (°7) "-1 cvm_ hip Sovonteon(17'. ?-ortth, s,^n'B
Thirty ("00) 1:'oat of the 5th P. , r:rrehn.sed. ha
s the r1' ;'1 i tc Line l"" 'i
Jli 1C1 s.2: L 0[' 1C Giil. 1.: :C �: C`f ;' _.11 , _1C.,
b1 Ro., 1^ta0 1 cb'uary 9, 112, 11 `^ .,^ll 100
acres,
egiiiprsent descui' ('L as a Pock ar slic:P a ll. screens for `1l;
iurpouc of Ceuohin :`1l(i acrco,1y 1:l _'oclr 7P!' r` ^t:' of the
r'2r St 'p„'f 1lider tei'._.S :nCj Cp11t1"1 tai D!?hc'n', ^'i',. c'r derlilioci.
20 Lis !:... : Ly ' e ol'. cei he:,'rti
-
'i 1. ..i .. ,�.. :^( o:t : 't'f'u h^l.1 Ilt, _ C
boll tian.
a[` 'a rn.• t l.l" i,1' l ^ +'i no 'l) n1 of r-
7C C :. r rl t?? C.'. t
�.'-"'ni,.,. tea - rC;• :.
n _
cru5'!1': ,•• Tr : ": s'l _,C to „C,^, , :.1
icon - :,i :1 'i '. i.';r r f 111.2 .-.i, ' ir,
the Seec et th( ''r'" i' ' 1'i' �.'
[rot,!:at "',% 41{ ' tl,:,,l:!. a!:' 1C'° ''
1;.1 I, r. '"?'ti'a l•1ill,..t 1. . ,.e ll, 7
�. ': t 1 P\ii f:.. .. 5: hit ,,...
C. • - of 'I. "i�cat: 1,,.'
cruahet 'd_ 3ci "on' 12. . is t•' 1 ;: rp
to pro ';Ii CO the ft rnot et the onto of fifty Conte c.
cubic ;,ro? d for cIl stone, orusiicd and cci?eeeed or
othreui:'e, Won :'lion the »reni.ses, it boil?f; s ecifictilly
urlfoii ;i:OCd the Gf?'-1) iift9 ('031'i;^ 110' 9^,?d i!nynent Shall
nut b,ii nblC to etone 'i)^'::oa lip 11noty 0'_' the {iccli fvxt.
Got o.uc thor iocect _:•d '?'tde_'ntoot. '+Jilnt to er ov'inionn
o:i ecti 100 1100Cm '1 Jil('.J..l ii -I Iforce old effect fo ._
nc_of of Si.- onbh„ "'_co,. r_ld 'ter the trio of ti1io n{;rocrio"nt,
cc unt noOf ,;'1.,10 __ eib.h cc rholl LUIu^J_y If000 ill
be Ater x e tritee of nirbrrmdnt by V. rider ltchid to
thie cootcnct, ocovided liltet the cot of the st oi
fnoil'i;h dried, 'oi;o•;' en'l not ho C~1C11'ti Cd. c"Cep1 %-
t the e;ld of
..,.?i1 `1:ol0 LG:1,`,ilc ycolot.
7. ortiec • -•'e blot bhio contraet nap be eoaleelled by
oitilC_ oort;% upon r, iinot tn' o notice in li-t-i1,`;
(100 hi ?(l^ reid L,; cars hi;, top of
Citp o3' Iryci';evi1e, Ark.
tiC^„. .'-C<<C__„0, Ci t, Clcr]:.
v�L�l-*-tt-1 .LLCM
Thin hgreoacnt .ludo and entered into on t'rir /O day of January, 1951 by
cnd uetwcn tier City of tnyottavilia, a eruniol!:e.l corporation ir: the ftnto of
@r;u-narrr (hureinaftor caliud "1Ossor") an'l C. 0. ;)nrdua of lottie i:3, :;nringlr1o,
rmtcu, (hotroinaftCi cabled "Cosec")
12tfs;:;':1'Il: That. t:hu Leocor, in coneidcration Of tiro rants, cavcnnntC,
and :.Creuaaentr hexvinaftar :entioned to ho 'n ed, kept, n±xl , erior.:,cd by the
isn:au, tie bearer hercuy ]aura to Lesson, ell teat certain real e rate, the
follorsiht,: provrrty, Lo-t,ita that ci tein real ostiJ O situ:: ad a:puror. aately
o:etiihih (1/!s) of a cite north of the City of rayettevilic :toaaa.:_a )ir:na:tal
Plant on i.h(: JuCia,a Jinnosi,l i'lrnt eoa,(i aril i:nann car Lhe City bwaptn,' (,routdc
and rho Jiffy i;o;- Pound for the City o;: lh)yottovilie, r.rl:z.n:ea, to,athur i;1tih
the as rrtrhara to house located thereon, for the tore bag-lnuin:t tnc 20th day of
January 1951 and onairtt; the 19th dry of January, 1952, ad. to te: right ana
priviln,.p hurc::J ranted to that eai..t l::,nee to o'"and tic uoirl acre for an
( ) y tree . the 20th d;, of Juna;:r;,� 7.952, provided,
ad'Utio;tal :r riod of una 1 year day
hoofer, tiro+, ii he shr11 doeire to obtain such extern lon, tile IOsc;cu :;ihtll
noti iy the Lc eor in rt3tin•' on or before the 20th of UcccrtLer, 1911, of such
io::iia to o: earl too tern of aria learnt up to, and innlua:tnr January 19th, 1953.
That th.t Toro,;o;.rip 1•::ttin, is upon the iul1o„in,: terra, ;:rovisiona, and
cothli Liaise:
1. fit..t a.- rant for bra leased lee, tars IOcaou ah,.11 :hey Lo l :r:,or Lh;
cnnu:.1 central of five ilumired (,.500.t?p) ;ollarr, to Lu ..id Ly i.cacao to
u:anon in aquel tareadily instal.L rants, in udv..nco, on or '.cfora he ^('tit icy
of each acid evcry a,aonth Burin;' tiro aaiaal bare.
2. That the leaten sna11 care aor, nt±in, arid c rtto ca -jr Itty ;u ,in,
froundra in aceer,ir.nuo alt h 1i a ,al ulae asovinriunar o± ,:a to and
unicipel ic' S and thu rulon, roCcicaiunm, of n:Kai; c..;:°nt.: o; ire I _,.rn:r.
a„to beard of health.
3. 'flirt tiro sssuo :hail burnish, at bus osn o:cncacc) an attendant sine e:i11
airu.du in aril cox::takeras hence non lace teal upon r:+ii. thay ;u:::pin, Grounds.
and eec u111 ac rota oniriblu for here Ca:'', :rainte to area, and a era alert of
.•.:!d Clay Utt: apini '•;x'o Wi(i:: lib z;l)L(:aaCc± Ve tar', aria b,,.a...., e2' ,._.. ants, or
a;,lo;/Cad.
1. in,ra to -a Laaaaar at], care for, : 1n Lc1.R, -ad cater' tat sae City - or send
dtui.n to aunt h of -�a)ril, ..y, Jwas, July, earth ,,u,net, era..• :'atnetCr of
ida Lena 'of air' lees: it aeorlace rit!a !.h, ] • -, oil ut:reca, relate, end
no. IiIa t.ear: '.:Cr r'lra ' U, :',Cie "ac cana,aa:ct of such tar.
f' h: .t t t ,l;. aircicliu r• : or for cat; l La ! `r=
(
tIara ol crater' at vehicles ;x, v cs r o ca , ,
x ... iti r fete. roil 1, - t, _ : ;ra, . ha. left 1yi^ t:(
P.)., a : cat.: Ira_. i.l L
,! tai 1.:; ran a C:.(, a, ::-re:h . ute;T. c: re
:,]. at etc :;a gi' e) .:::' tar ;a: c -a:::.. ...•., .:�:.,..
T : f. t r e
..c:, l:t air. G e talc. •! ::..c.
:, or liai Cue, c,i 1 t uz u
IC acre, an a -a' u on 3t. .1.'a:a:c'.,a aCe S; r an to jar::: _. t
;aa that l:rry 1 ll rat r.a.i
or any tt t..^roof, a.lt.a-,',a `..., .la: cona,ont ie ,,.1tir; ci tb: ! or.
9. 'ih:at thu 1 c -a: sac rehashl, at catch t t o n a t :. arc t a i ., a' t•t^
radar L.:, ✓i,l,. x; tt,. 1_^le,..... ,.._t..,... ..t -) cont i,..., r.r;'. n.'.cn
unto) baa tea -or.
L cab: or t.i
it). ,iuL t'r na:e(. - t•.!i w _ u t r.,l era, .
1+•r z . :o. an, t Jar;,,
Ur6iJ OtGI' tC :. ,vt C .i
,,,•: arty h: .aircat, or aaaaaaa, nhicaa ., daar
t:a:: .,a'rt1:::L a,hrot a 4(.,, o.t, 'na' hat is :._.. L:, ha:.' a:.', r a..U.C :,
-2 —
for adequate reason
11. fiat either the roa rnor or the ?,osa:ae r„ay cancel or tor, mate dais lease at
any tune by Civinr• the other pasty, cc the cave nay he, at loact thirty
(30) day notice in writinof the election eo to toe inatto sa:;.uo; and, in
such event, this leeee chull tominate on the day appointed ty such
written notice, tsithont further liability on the part of the Lessor or
Less'e respecti.vely.
titnces our hands and seals in tho City of rayettevillo, i,rhenrus this
10th day of JF;nuery, 1951.
iTThdT:
oyur
fir'
�. l I'A;'ij110
hi :xO cncnt .: la toO entoss::u into no t':1c l®,/, ity of Jo. wiry, 1957. LY
nd !U!t1F80't t110 City of Fuy•.itluvilt), u • vnicl:.:z1 cor;:')r.;tiun in till tnto of
rua (1._svintcftur o:aulc. "i t;tor") cool C. C. cr:!uo of ..; tto :3, `y rini;ltlo,
rL•u:u,t., (1:'roinl1.i"v,t e;:11au "!crras
Iii':!'' ' 1!!: That. bit i. wont', in cr.vu;idurr>ti ;n o_' tilJnt;, r.i,vnayun,
and ::i_:r.ts iwsvi•tnitur ttor: ,1 to Lc: 10:01, i ;pt, r.n.1 orfor.. :.y tic:
Loccen, t!::. ._.. ;;or 1.uraly It own. to icr!eoo, c:ll tilt 't:in ^.::1 ostt.tu, tii.i
foil;,r'_n' pro;, ,ty, to —it: i!::.t u: tOn rool a to to oh to. tot :r„_as.:, eir
o:re—::i,i t:: (j./ii) of ucLho !rrt!• of tow Jitj of . ;f:;ttov.il_c :000:0 o?eno::;.1
l.nL on t,',,'. o ,iicpooti i iont ...::i 0n0i icn::•.a L!1;) Jit;y ::usr:;iin;' ._ �•ur,, o
ni tow City moo;' Found for tow .;1t{y to rtyot4A;v11'.r;, ',.'h to;othar with
wto cttrntoiter's houso lo:;atod tnoaun, ...r tic' ttr..' "xii'{nntn;j toil 20th Joy of
J:n.:e.ry 1; -✓1 owl on.li:l;; y `. 1ltlt d.:y of Janwo'y, 1;52, :1. th Llc: ri::ht nthi
privi!r:;r hcrcty ntauto 00 .,LS:i .O,.0.0O to oxtolxi tila ,.,:i;l .;s:: r:or on
d:Lt1<in.i, ,'ttoil no on,,' (1) yoi'.. fra+;: tic 20th tooy of J:,n;.t:: r;, 11.,,2, .viclad,
ttt.t'et •, toot It ha ouch, dt'sive w old in ;ucli c::1i n:ic,r,, t1w !:::; :co ndal
Ctify ci.o..r.t!or in rritin, oil or :dolt! to: ;:01.11 of 1u;cc:;l :rU, i, of such
: ot: ` to 0.n,oI'i ill:` too'..: of tin:; boon up to, .-:F0 i'il:!.1:A J:.n'oory 113th, 113113•
ito: ioi'o:o,.1 1, thin, 9:. :n tb,follor,n t.•..:, roviioa;, tool
c�r..ii Lion:::
1. L on ... toot f0: hi. i1.. 1: :, Lt: u:0i, . i+, Ly t .,..
o .
000:0, rantal of .lit iiun.ir (.:5Cti.-.o1.`.__.•t, t.:, to .oil by .....nee to
:or in e4a:.t .,J'„.!_;: ir.:t.;1;:.,nt , r t0 r.r -u;, o:1 r,.• 1. ! flit 20th ;y
of o:c;t t.!01 ovo; y ,:..Jnth UTu i tow 0.000.0. er r-/ /, 6 7 p,.'
2. lout ti: iaac h ..__ ill onto r, ..,. . i_n, .O: o. _,:00 1.1 City .,uoyi'l>
run:rYir. locot_d1,non ,.._ i. ,. i :c:. !i.. !.1:: 0rovicion:; o on :a ..rd
"mt5.ci ti. loo;., it oh: to: Ito, _0: u11 ..ton::, ;n:1 _ ;tot:'c:'nt: ol towno..,
tti al .:, r., of ,...:l t...
3. it: .0 t.! , ..c!::.., ..ad.': Liii, it . con cu, or tte:1;'nt ,no '.all
0001.00 10 too a,ri:tc,Our' l: h.use no', loe.tc.i : oil 1:,,.1,. lit; .. :i,ln, 'roun,'•:
:ota . too :il_' Le .c:� :orr...'.lo Sor ..., .r
:, r int-wwUleC, l.00 V, G._ 1a'l of
.0. ,y ,.1 _ /.J in ,i1. :d:00 1 1 o .o L onto, or
I. '!ila 1.J: L.,,.o ,:: s,toil •.. •: `.. ,. .... .•, 'r: .;i ty ... toni
h:T..,. tn,. ...ball.. of ' .;'il, r.y, itoo:, July, „Sid , it l::L, L:,.. ✓, .: 1.0 of
Li P) tort of twit; 0:';;':: to :OL...l... Ott;: Lit 1:; i, .... ,:l.000 o, ?1.'.1::•, of
o.. a:i':''.!'i`.i VC.:?111(•5 ._,, n ... .. .. ... ..•,. .,_.,. ....._. ..•......
..._ 1:. 1 .11; _ .... .•. J'.'.... ...., ._ . . ,_ , ..It. i r - _ . 1!:C.
1. , . , C. ,_.
r:,, at: •.t
Or::;; ,.:tc v,x, , Or ,acct
ntoticsaor.
'a' t o.. . ,....
-2. -
for adequate reason
11. T!z t either the Lem, or or the Lac::oc Lzy cancel or Lor:inuJ1ticir. bone of
any thee by i;ivir,; the other :rrLy, as the oven racy be, at least thirty
(j0) deyc notico in uritin;r of the olootion so w toxrinrw ea o; and, in
such event, this loaco ::hail to:uinato on the dry n,;;:nj.nt✓cd by ouch
Britton notico, without turthar liability on tivl nc.rt of the Lo uor or
05550 Ic 5(.QCtiYCly.
:atnars our hands urea snafu in the city of .'rya ttevil?_e hr;canran this
10th day of January, 1?51.
l.Ti 7i,li:
J. (,. :...ehu, .;. .y i 1rrL o: oJ1 .. ,.hoe,
. 0.